[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Proposed Rules]
[Pages 62473-62476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25237]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-0212-0903]
RIN 1625-AA00
Safety Zone, Seafair Blue Angels Air Show Performance, Seattle,
WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The U.S. Coast Guard is proposing to amend the Seafair Blue
Angels Air Show Performance safety zone on the waters of Lake
Washington, Seattle, WA. This action is necessary to safeguard
participants and spectators from the safety hazards associated with the
Seafair Blue Angels Air Show Performance, which include low flying high
speed aircraft, and will do so by prohibiting entry into the safety
zone unless authorized by the Captain of the Port (COTP), Puget Sound
or a Designated Representative.
DATES: Comments and related material must be received by the Coast
Guard on or before December 14, 2012.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the
[[Page 62474]]
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email ENS Nathaniel P. Clinger; Waterways Management Division,
Coast Guard Sector Puget Sound; Coast Guard; telephone 206-217-6045,
email [email protected]. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-0212-0903 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-0212-0903 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
The Coast Guard is amending this rule because the current
regulation associated with the Seafair Blue Angels Air Show performance
(33 CFR 165.1319) is not large enough to safeguard participants and
spectators from the safety hazards associated with the Seafair Blue
Angels Air Show Performance, which include low flying high speed
aircraft.
C. Basis and Purpose
The Coast Guard proposes to amend this safety zone to ensure the
safety of the maritime public during the Seattle Blue Angels Air Show.
The size of the safety zone in 33 CFR 165.1319 has been determined to
be inadequate to accommodate the anticipated flight pattern of the Blue
Angels, and the current regulation is not large enough to safeguard
participants and spectators from the safety hazards associated with the
Seafair Blue Angels Air Show Performance, which include low flying high
speed aircraft. This proposed rule would extend the northern boundary
line of the existing regulation northward by 500 yards, and updates
coordinates to provide a zone of adequate size.
D. Discussion of Proposed Rule
As described in the June 24, 2004 final rule (69 FR 35249), the
Coast Guard established a safety zone for the annual Blue Angels Air
Show Performance. The purpose of this rule was to protect the public
from dangers including excessive noise and falling objects from any
potential accidents caused by these low-flying military aircraft. The
regulation contained in 33 CFR 165.1319 encompasses ``all waters of
Lake Washington, Washington State, enclosed by the following points:
Near the termination of Roanoke Way 47[deg]35'44'' N, 122[deg]14'47''
W; thence to 47[deg]35'48'' N, 122[deg]15'45'' W; thence to
47[deg]36'02.1'' N, 122[deg]15'50.2'' W; thence to 47[deg]35'56.6'' N,
122[deg]16'29.2'' W; thence to 47[deg]35'42'' N, 122[deg]16'24'' W;
thence to the east side of the entrance to the west highrise of the
Interstate 90 bridge; thence westerly along the south side of the
bridge to the shoreline on the western terminus of the bridge; thence
southerly along the shoreline to Andrews Bay at 47[deg]33'06'' N,
122[deg]15'32'' W; thence northeast along the shoreline of Bailey
Peninsula to its northeast point at 47[deg]33'44'' N, 122[deg]15'04''
W; thence easterly along the east-west line drawn tangent to Bailey
Peninsula; thence northerly along the shore of Mercer Island to the
point of origin. [Datum: NAD 1983]''
However, the participating aircraft have a flight pattern that will
extend past the northern boundary of the regulation in 33 CFR 156.1319.
As such, an extension is necessary in order to protect the spectating
public.
This rule amends the Seafair Blue Angels Air Show Performance
Safety Zone, extending the northern boundary starting at point
47[deg]36'17.28'' N, 122[deg]16'49.44'' W; thence west to point
47[deg]36'17.28'' N, 122[deg]16'58.56'' W; thence south along the
shoreline to point 47[deg]35'25.44'' N, 122[deg]17'9.48'' W; thence
east along the I-90 bridge to point 47[deg]35'23.16'' N,
122[deg]15'17.1'' W; thence north east along the shoreline to point
[[Page 62475]]
47[deg]35'45.3'' N, 122[deg]14'49.44'' W; thence north back to the
point of origin.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The Coast Guard bases
this finding on the fact that the safety zone will be in place for a
limited period of time and vessel traffic will be able to transit
around the safety zone. Maritime traffic may also request permission to
transit through the zone from the (COTP), Puget Sound or a Designated
Representative.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. This rule would affect the following entities, some of
which may be small entities; the owners and operators of vessels
intending to operate in the waters covered by the safety zone while it
is in effect. The rule would not have a significant economic impact on
a substantial number of small entities because the safety zone would be
in place for limited periods of time and maritime traffic would still
be able to transit around the safety zone. Maritime traffic may also
request permission to transit through the zone from the COTP, Puget
Sound or a Designated Representative.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children From Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves the amendment of a safety zone. This rule is categorically
excluded from further review under paragraph
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34(g) of Figure 2-1 of the Commandant Instruction. A preliminary
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165, as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
2. Amend Sec. 165.1319 by revising paragraph (b) to read as
follows:
Sec. 165.1319 Safety Zone Regulations; Seafair Blue Angels Air Show
Performance, Seattle, WA.
* * * * *
(b) Location. The following is a safety zone: All waters of Lake
Washington encompassed by the following points: 47[deg]36'17.28'' N,
122[deg]14'49.44'' W; thence west to point 47[deg]36'17.28'' N,
122[deg]16'58.56'' W; thence south along the shoreline to Andrews Bay
at point 47[deg]33'04.62'' N, 122[deg]15'32.46'' W; thence northeast
along the shoreline of Bailey Peninsula to its northeast point at
47[deg]33'44.98'' N, 122[deg]15'03.48'' W; thence easterly to point
47[deg]33'43.98'' N, 122[deg]13'51.36'' W on Mercer Island; thence
northerly along the shore of Mercer Island to point 47[deg]35'45.12''
N, 122[deg]14'49.44'' W; thence north back to the point of origin.
* * * * *
Dated: September 25, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2012-25237 Filed 10-12-12; 8:45 am]
BILLING CODE 9110-04-P